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BOYLES v. CITY OF TOPEKA

No. 83,161.

271 Kan. 69 (2001)

21 P.3d 974

GERALD M. BOYLES, Appellant, v. CITY OF TOPEKA, Appellee.

Supreme Court of Kansas.

Opinion filed April 20, 2001.

Attorney(s) appearing for the Case

James S. Willard, of Scott, Quinlan & Hecht, of Topeka, argued the cause, and Deborah L. Hughes, of the same firm, was with him on the brief for appellant.

Mary Beth Mudrick, assistant city attorney, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This case concerns the constitutionality of a city's public nuisance ordinance prohibiting the maintaining on private property of any garbage, rubbish, trash, refuse, junk, or other listed items which create "an unsightly appearance." The attack on the ordinance is based on a claim of vagueness linked to a claimed violation of defendant's due process rights under the Fifth and Fourteenth Amendments to the...

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